Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-02-25
APPLICATION FOR PATENT

APPLICATION FOR PATENT.
Where papers have once been fled with the
Register and Receiver they become . part Of
the record, and can neither be withdrawn nor
returned, but must be to the Gen
eral Land once.
An application will be rejected when the
scription Of the premises is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First = The notice was published without the
knowledge OF the Register.
s~econd-The notice was not published In q
new 'psper designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending q suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim WAS not located In accord
ance with law.
Where several parties own separate and dis.
tinct portions Of o claim, application for
patent may be made by either for tn at portion
OF the claim owned by him; but where several
parties own undivided interests in . mining
claim all should join In an application for q
patent.
A person or association may purchase 81
many placer locations IS the local Law admits,
and embrace them all In one application for q
patont.
one application for q pasent except for placer
claims embracing two or more loaes within
their boundaries
Papers sworn TO before any person purport-
ing to act as a deputy for the Register aud Re-
ceiver cannot be recorded As evidence.
In all patents for mining claims situated
within the interior boundaries Of 9 town site
Q clause is in erted excepting and excluding
all town property, rights upon the surface.
and all houses, buildings, structures, lots.
blocks. streets, alleys or other municipal i'm
p~rovements not belonging to the grantee here
in, and all rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication of notice must be made n only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must eispse between the
| fret and last Insertions.
Where the Register designates the daily Issue
of g newspaper for publication of notices Of q
mining application for patent Ii lie not q com.
pliance with law 10 change to the weekly edi.
the Register.
The existence OF o salt spring on 9 tract Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
character OF such land 10 not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must nle Q separate aud
distinct claim against each application which
1t is alleged conflicts with the ami owned
by such adverse claimant.
The papers In al adverse claim, once nled
cannot be Withdrawn, but become 90 q part Of the
record.
When an adverse claim has been nIed IT can.
not be amended so ss TO embrace = larger por
ton OF the premises than thst described in the
original diverse claim.
An adverse claim must be made out In
proper form and flied in the proper local OH ca
during the period of public siion Of the sppli.
cation for the patent TO be effective.
1t Is the duty OF the adverse claimant O
suit In proper form within the re-
qnired time, and IL he trnsts the uncertain
medium of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident Should
the failure TO suit be the result Of
the cor up or dishonest acton of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in do.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions OF law, without stating the
facts specially. will not be considered in evi.
dence.
An adverse claimant should show a commit.
ance with the local laws in recording his claim
and in regard TO expenditures. aud shall ME a
copy Of the original notice OF his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to a suit that they
compose the oompan 10 sufficient, and they
are not required TO prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL Or MINERAL LANDS.
Where land is Of little. II any value, for sari.
cultural purposes. but 10 essential TO the
proper development Of mining claims. A
should be disposed OF under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled At any time
prior to issuance Of patent. upon satisfactory
evidence OF the existence Of such valuable de-
posits.
Where valuable deposits Of mineral ara dis.
covered upon 9 tract sitter the same ias been
en- tered as agricultural, but before stent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry viii be cancelled to
that portion Of the land embraced BY ssid
mining claim.
Where mineral deposits are discovered on
Agricultural lands after the patent has been
issnea 10 an agricultural claimant. they pass
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
a foreigner may mako 0 mining location
dispose OF IT.. provided he becomes . citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposIne Of his
claim must be afhrmatively shown.
Locators and intermediate owners, other
than applicants. will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance of patent.
the portion OF Q mining claim sold to an
alien cannot be patented while suoh owner Is
an alien; but on his d%ecisrauonl o become q
citizen his right dates back to his purchase.
aud ne may thereupon secure United States
patent for his claim.
CROSS LEDoEs,
Revised Statutes. Section q. $3.50:
Where TWO or more lodges cross or interssct
each other, priority Of title shall govern. and
such prior location shall be entitled TO ali ore
or mineral contained within the space of inter.
section. but the subsequent location shall have
tne right OF way through the space Of inter
section for the purpose Of the convenient
working OF the mine. And where two or more
veins unite the oldest or prior location shall
lake the vein below the point OF union, in.
Guiding all the space Of intersection.
TUNNELS.
There 10 no authority OF law for a tunnel